The waiver of the right of use over real estate is effected by an express declaration, for which notarial certification of the signature is required. Such a waiver is usually made prior to the sale of a property over which a lifelong right of use has been established or reserved. This right in rem is regarded as an encumbrance on the property, since it restricts the new owner's right to use it. For this reason, buyers rarely wish to acquire a property over which a right of use has been established.

The declaration of waiver may be certified by any notary in Bulgaria. If the declaration is certified abroad, it must be certified by a notary, after which an Apostille must be affixed and it must be legalised in Bulgaria.

Bulgarian diplomatic and consular missions abroad do not carry out certifications of such declarations. They may, however, certify a power of attorney by which the waiver of the right of use may be carried out through an authorised representative in Bulgaria.

Where the right of use has been established in favour of more than one person (for example, in favour of two parents), they may make the waiver by a single joint declaration.

Documents required by the notary for a waiver of the right of use:

  • The document by which the right of use was established or reserved, for example a notarial deed of sale, a donation, a maintenance and care contract, or a will;
  • A plan and/or sketch of the property;
  • A declaration of citizenship and civil status (using the standard form).

Registration of the declaration of waiver

The declaration of waiver of the right of use must, without fail, be registered with the Registration Service for the location of the property. If it is not registered, the waiver has no legal validity.

Registration fee

The fee for registering the declaration of waiver in the property register is BGN 15.

Withdrawal of the declaration of waiver

The declaration of waiver may be withdrawn up until the moment of its registration in the property register. The withdrawal is likewise effected by a notarised declaration and is valid even without registration with the Registration Service.

If you need legal advice or assistance in establishing, reserving or waiving a right of use over real estate, contact us on tel.: 0887550706 or by e-mail: [email protected]